Former Deputy Governor of
Imo State, Sir Jude Agbaso, has approached the
state High Court, challenging his recent
impeachment and subsequent removal from office
by the State House of Assembly.
Registered as suit number HOW/295/2013, Sir
Agbaso is claiming that his removal was a classical
example of deliberate disrespect for judicial
process, rule of law and breach of right to fair
hearing and should accordingly be declared null,
void and of no effect by the court.
Agbaso, through his lawyer, Prince Ken C.O.
Njemanze, SAN, contended that the publication in
a national daily (not Vanguard), dated March 14,
2013, did not comply with the mandatory
constitutional requirement for personal service of
Notice of Allegation of Gross Misconduct under
Section 188(2) of the 1999 Constitution of the
Federal Republic of Nigeria as amended.
The former deputy governor further urged the
court to declare that the inauguration/setting up of
the seven-man panel by the third defendant,
Justice Goddy Anunihu, instead of the State
Chief Judge, was invalid.
"A judge of the High Court has no role
whatsoever under Section 188 of the 1999
Constitution of the Federal Republic of Nigeria,
in the appointment/setting up of the said panel,"
Agbaso contended.
He also sought a declaration that all the alleged
steps taken by the defendants leading to his removal
as deputy governor of Imo State were not in
compliance with the provisions of Section 188 of
1999 Nigerian constitution.
Agbaso pleaded with the court to declare that his
"purported removal is unconstitutional, null, void
and of no effect whatsoever."
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